1 | A bill to be entitled |
2 | An act relating to the Budget Stabilization Fund; amending s. |
3 | 215.32, F.S.; authorizing prepayments of transfers to the Budget |
4 | Stabilization Fund; providing that certain prepaid amounts are |
5 | not to be considered as part of other maintained funds; |
6 | authorizing funds to be withdrawn under certain circumstances; |
7 | providing an effective date. |
8 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
10 |
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11 | Section 1. Paragraph (c) of subsection (2) of section |
12 | 215.32, Florida Statutes, is amended to read: |
13 | 215.32 State funds; segregation.-- |
14 | (2) The source and use of each of these funds shall be as |
15 | follows: |
16 | (c)1. The Budget Stabilization Fund shall consist of |
17 | amounts equal to at least 5 percent of net revenue collections |
18 | for the General Revenue Fund during the last completed fiscal |
19 | year. The Budget Stabilization Fund's principal balance shall |
20 | not exceed an amount equal to 10 percent of the last completed |
21 | fiscal year's net revenue collections for the General Revenue |
22 | Fund. As used in this paragraph, the term "last completed fiscal |
23 | year" means the most recently completed fiscal year prior to the |
24 | regular legislative session at which the Legislature considers |
25 | the General Appropriations Act for the year in which the |
26 | transfer to the Budget Stabilization Fund must be made under |
27 | this paragraph. |
28 | 2. By September 15 of each year, the Governor shall |
29 | authorize the Chief Financial Officer to transfer, and the Chief |
30 | Financial Officer shall transfer pursuant to appropriations made |
31 | by law, to the Budget Stabilization Fund the amount of money |
32 | needed for the balance of that fund to equal the amount |
33 | specified in subparagraph 1., less any amounts expended and not |
34 | restored. The moneys needed for this transfer may be |
35 | appropriated by the Legislature from any funds. |
36 | 3. Unless otherwise provided in this subparagraph, an |
37 | expenditure from the Budget Stabilization Fund must be restored |
38 | pursuant to a restoration schedule that provides for making five |
39 | equal annual transfers from the General Revenue Fund, beginning |
40 | in the fiscal year following that in which the expenditure was |
41 | made. For any Budget Stabilization Fund expenditure, the |
42 | Legislature may establish by law a different restoration |
43 | schedule and such change may be made at any time during the |
44 | restoration period. Moneys are hereby appropriated for transfers |
45 | pursuant to this subparagraph. |
46 | 4. The Budget Stabilization Fund and the Working Capital |
47 | Fund may be used as revolving funds for transfers as provided in |
48 | s. 17.61; however, any interest earned must be deposited in the |
49 | General Revenue Fund. |
50 | 5. The Chief Financial Officer and the Department of |
51 | Management Services shall transfer funds to water management |
52 | districts to pay eligible water management district employees |
53 | for all benefits due under s. 373.6065, as long as funds remain |
54 | available for the program described under s. 100.152. |
55 | 6. The Legislature may prepay amounts into the Budget |
56 | Stabilization Fund as authorized in a general appropriations |
57 | act. The prepayment may constitute all or a part of the amount |
58 | estimated to be due in a specifically designated subsequent |
59 | year. If the prepaid amount does not equal the minimum transfer |
60 | required as determined in subparagraph 2., additional |
61 | appropriations must be made by law to ensure that the full |
62 | transfer is made. Amounts prepaid into the Budget Stabilization |
63 | Fund pursuant to this subparagraph are not to be considered a |
64 | part of the amount required to be maintained in the Budget |
65 | Stabilization Fund pursuant to Article III, section 19(g) of the |
66 | Florida Constitution and may be withdrawn without being subject |
67 | to repayment, provided that after the withdrawal, the fund's |
68 | principal balance exceeds the minimum amount required by |
69 | subparagraph 1. |
70 |
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71 | Section 2. This act shall take effect July 1, 2004. |